Comentário sobre Êxodo 12:45

תושב A TOLERATED SOJOURNER — this means a stranger who has settled in Palestine (having undertaken to observe the seven precepts of the “Sons of Noah”).

TOSHAV’ (A SOJOURNER) ‘V’SACHIR’ (AND A HIRED SERVANT) SHALL NOT EAT THEREOF. “Toshav is a resident non-Israelite [who has foresworn idolatry, but has not as yet been fully converted to Judaism]. A ‘sachir’ is a non-Israelite. But why should Scripture mention all these? They are uncircumcised, [and an uncircumcised person may not eat of the Passover-offering]! However, it refers to a circumcised Arabian or a circumcised Gibeonite.”³⁵⁷“I might think that since they are circumcised, they are qualified to partake of the Passover-offering. Scripture therefore says, A ‘toshav’ and a ‘sachir’ shall not eat thereof” (Mechilta here). Thus the language of Rashi.
I do not know why the Rabbi [Rashi] wrote down matters which are rejected in the Gemara.³⁵⁸Yebamoth 71a. The Rabbis have objected to this explanation [that the verse refers to a circumcised Arabian or a circumcised Gibeonite], asking: “Are these considered circumcised?! Have we not been taught that he who vows not to have benefit from the uncircumcised is permitted to have benefit from the uncircumcised of Israel, but not from the circumcised of other nations, as it is written, For all the nations are uncircumcised, but all the house of Israel are uncircumcised in the heart?”³⁵⁹Jeremiah 9:25. Thus it is clear that a circumcised Arabian, etc., is considered uncircumcised, and no special verse is needed to exclude him from eating the Passover-offering, as Rashi interpreted. Instead, the Rabbis [there in the Gemara]³⁵⁸Yebamoth 71a. explained the verse as referring to a proselyte who was circumcised but who has not yet undergone immersion.³⁶⁰For a proselyte to be fully accepted into the Jewish fold, he must undergo both circumcision, and immersion in a body of water valid for that purpose. The verse before us thus teaches that the proselyte who underwent the rite of circumcision alone is still forbidden to eat the Passover-offering, notwithstanding the fact that he is already circumcised and has begun his entry into the faith.

A circumcised Arab. . . See Re”m, who discusses Rashi’s comments on תושב ושכיר at length, and reconciles them with what is stated in the Gemara.

(Exodus 12:45) "A toshav and a sachir may not eat of it": "toshav": a resident proselyte (one who undertakes not to serve idolatry) and a sachir (a hired) gentile may not eat of it. R. Eliezer says: What is the intent of "toshav and sachir"? (i.e., Is it not already written [Exodus 12:43] "No stranger may eat of it"?) To reason from Pesach to terumah to forbid it to one who is uncircumcised. __ But even if it were not written, would I not know it a fortiori, viz.: If the Pesach offering, of lesser stringency, is forbidden to the uncircumcised, how much more so, terumah, of greater stringency! __ No, this may be true of Pesach, whose permitted time of eating is limited, wherefore it is forbidden to the uncircumcised, as opposed to terumah, whose permitted time of eating is extended. It is, therefore, written "toshav and sachir" in respect to Pesach and an extra "toshav and sachir" in respect to terumah towards the formulation of a gezeirah shavah . Just as here, (the Pesach offering) is forbidden to the uncircumcised, so, there, terumah is forbidden to the uncircumcised. R. Yitzchak says: What is the intent of "toshav and sachir"? Is it not already written "No stranger may eat of it"? (For if it were not written), I would think that a circumcised Arab and a circumcised Giveonite, (not being strangers to the land) may eat of the Pesach. It is, therefore, written "No stranger may eat of it."

V. 45. תושב. Im jüdischen Lande konnte jeder Fremde ein Domizilrecht und alle damit verknüpften bürgerlichen Rechte erwerben, ohne Jude zu werden, sobald er nur durch Lossagung vom Götzentum die allgemeinen Menschenpflichten als ihn verbindend übernahm, ז׳ מצות בני נח. Ein solcher hieß: domizilberechtigt, שכיר — .תושב ist derjenige, der nur in Lohnverhältnis zu einem jüdischen Hause steht.

תושב, “a resident stranger;” this is how Rashi understands the word תושב here. The legal status of such a “resident” stranger applies when he undertook to observe the seven universally applicable laws for disobedience to which any human being is culpable. Such a person is allowed to eat meat from animals that did not die through ritual slaughter. Interestingly, when the same word appears in Leviticus 25,47, he explains it as: a Jewish servant (sold by the court for having stolen and not repaid). Some commentators say that the word תושב here refers only to eating of the Passover, whereas in Leviticus is refers to the eating of the tithes called t’rumah.

ושכיר AND A HIRED SERVANT — a heathen. But why need Scripture state at all that these (the תושב and the שכיר) may not eat of the Passover lamb? These are uncircumcised and it is said (v. 48) “And no uncircumcised person shall eat thereof”? But it refers to such a one as a circumcised Arabian or a circumcised Gibeonite who is a settler or a hired servant (Mekhilta d'Rabbi Yishmael 12:45; Yevamot 71a).